Research On The Legal Questions Of Supplying Rural Public Goods

The essence of the question of supplying the rural public goods refers to the conflict between the sharp increasing of the requirement and the poor, unfair and ineffective system of supplying the public goods. The question of supplying the rural public goods has turned up and developed since the process of reform and turning to the market economy, and it has been affected by the special conditions of the Chinese countrysides. It is not only an economic and social question, but a legal issue.Compared to the private goods, the characteristics of supplying the public goods include: the indirect and dispersed reflection in the requirement; deposition in supplying; periodicity in investment; commonality in consuming. The models of supplying the public goods consist of four kinds: completely civil; based on the market; based on the government; monopoly by the government. Each of the four models has its advantages and disadvantages, so we should make the compound consideration and try to realize the functional coordination. Factually, the question of supplying the rural public goods refers to the governmental actions, which is concerned to the relation between the power and responsibility, right and reliability from the government and market. So it is a kind of the governmental action in the economic law. The legal characteristic of supplying the public goods refers to the relation between the power and responsibility, right and reliability which are reflected in the aspects including subject, model, object and stage.The hard lack in investment, the unreasonable frame, the poor ability in supplying of the low governments and the unfair supplying are the major problems of supplying the rural public goods. The reasons for these problems are complicate and compound. The abstract reasons include: the unreasonable resolution on dealing with the relation between the private affairs and public affairs in the process of reform; the increasing depth of the duality frame on cities verses countrysides; the unreasonable division between the power in finance and responsibility by the central and low governments. The concrete reasons include: the reform of agricultural tax and fee did not consider the question of supplying the public goods, which reduced the finance income in the county and village governments, and made the obstacles in the resource of collecting the funds; the reform in the organization and function of the economic administrative subjects did not consider the question of supplying the public goods, which resulted in the reduction and simplification in the low governments and then made obstacles in the question of subjects; finally, the imperfection of the system of the rural governance resulted in the lack of the systems in deciding, remarking and supervising, which made the peasants indifferent to the attendance and the organizing systems ineffective, and so then supplying the public goods lacked the imperative systems in deciding, remarking and supervising.This essay has established a new model for supplying rural public goods, which can be simplified as "one centre and two basic points" and "four basic principles". The "one centre" refers to the orientation based on the government. The two basic points include: the one is to set the "six institutions" as the capital subjects; the other is to set the social organizations as the subjects for assistance. And we should establish the effective systems to inspire the activity both for the two subjects. The four basic principles include: to set the market system as the supplying model; to set the supplying frame on the objects with "basic goods, developing goods and guaranteed goods"; to set the supplying frame on the stages with "plans for the short periods, plans for the middle periods and for the long periods"; to construct different kinds of legal systems for guaranteeing in order to realize the affection of supplying the rural public goods. All the four principles are important and supported by each other.Researches on the legal issue of supplying the rural public goods needs systematic and abstract frames in the theory, but it needs more in the concrete and special analysis on the different cases. The requirements on the rural public goods are compound, and if based on the supplying objects with "basic goods, developing goods and guaranteed goods", we think that there are five kinds of rural public goods which not only have important meaning and value, but can consist of a complete frame on the supplying objects: agricultural irrigation establishments, rural education, rural finance, service systems on the rural labors and the rural medical welfare. We have done the systematic and concrete researches on these cases and provided the final and effective models.